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The defendant shall be innocent.
Reasons
The accused shall be in charge of the payment of wages as the Korean Senior Citizens Association B of the Korean Senior Citizens Association.
A victim C was issued an order of seizure and assignment of the right to benefit of the Korean Senior Citizens Association (hereinafter referred to as the “Korea Senior Citizens Association”) established by the Defendant with a loan claim of KRW 28,988,493 as the execution bond against the Defendant. The Defendant was aware that the Defendant’s benefit was seized from June 2014.
Nevertheless, on June 20, 2014, the Defendant failed to deposit the Defendant’s salary that is likely to be subject to compulsory execution into the account designated by the victim, transferred it to the Defendant’s account (D) and evaded compulsory execution by concealing it by transferring it to the Defendant’s wife E account.
Judgment
When an assignment order becomes final and conclusive, the seized claim shall, as a matter of course, be transferred to the entire creditor within the scope of the execution claim retroactively from the time of delivery to the third debtor, and simultaneously take effect of the extinction of the execution claim. The same shall also apply where the seized claim is a future claim that contains an element of uncertainty of its existence and scope
(See Supreme Court Order 84Ma13 dated June 26, 1984, Supreme Court Order 9Da70716 Decided April 21, 200, etc.) According to the records, the victim, on December 20, 2013, received the attachment and assignment order (the Daejeon District Court Branch Decision 2013Ma745 Decided December 24, 2013) on claims, such as loans, etc. against the defendant, based on the executory payment order copy of the Daejeon District Court Decision 2013Hu745 Decided 203 Decided December 20, 2013, it is recognized that the above assignment order became final and conclusive on June 24, 2014 after serving it on the elderly on December 24, 2013.
According to the above legal principles, the above assignment order was issued to the Korean Senior Citizens Association, and the above assignment order was issued to the Korean Senior Citizens Association.